Customs, give a lawful approval!
The order of the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan makes it impossible to exercise foreign economic activity
The order issued by the Acting Chairman of the State Revenue Committee "On the organization of the conditional release of certain categories of goods", published on June 11 this year creates a lot of problems for entrepreneurs, engaged in the import of equipment and materials. From that moment, the National Chamber receives numerous complaints from businessmen, industry associations and regional chambers.
According to the order, the conditional release of certain categories of goods can be issued solely on the basis of a positive decision of the deputy head of the department in charge of customs operations. In the absence of such a decision, the territorial division of the State Revenue Committee of MF RK refuses businessmen to release the goods. Experts of the Chamber note that in fact the decision to release the goods is taken by one person.
According to the National Chamber, the document contradicts the provisions of the Customs Code of the Republic of Kazakhstan and the provisions of “the rules for customs clearance of goods by officials of state revenue Committee”. The order creates additional administrative barriers to doing business.
The fact is that the Article 302 of the Customs Code stipulates an exhaustive list of cases of refusal to release goods. But the order State Revenue Committee contains an additional case "as well as the decision not to grant conditional release", which does not exist in the Code.
Experts of the Chamber note that the implementation of standards developed within the Customs Code, "the rules for customs clearance of goods by officials of state revenue Committee, approved by order of the Minister of Finance of the Republic of Kazakhstan. This document defines a very clear sequence of actions of customs officers in the transactions related to customs clearance and release of goods when they are placed under the customs procedure.
According to paragraph 3 of the Regulation, the customs clearance of goods is carried out by "officials of customs posts, authorized to make such customs operations in line with the officers (functional) responsibilities". But some rules of the order limit the powers of the officials, carrying out the release of goods, and others - duplicate existing provisions of the Regulation.
As a result, the meaning of the document, issued by the State Revenue Committee, becomes obscure.
The Chairman of the National Chamber of Entrepreneurs Ablay Myrzakhmetov sent an official letter to the Finance Minister Bakhyt Sultanov with a request to investigate the situation.
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